1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 By placing an order with us through our website, you acknowledge that your transaction is with MerchandAise AG.
2.2 Our website will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The contract between us will only be formed when you receive your order confirmation email.
2. CUSTOMIZED PRODUCTS
3.1 MerchandAise AG specializes in producing customized products designed by the customer. As these products are made to the customer's specific design and specifications, they cannot be returned or refunded unless they are faulty or not as described.
3.2 Customers are responsible for ensuring that the design and specifications they provide are accurate and meet their requirements. MerchandAise AG will not be liable for any errors in the design provided by the customer.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The contract between us will only be formed when you receive your order confirmation email.
2.4 We will send you an e-mail that confirms that the products have been dispatched ("Dispatch Confirmation").
2.5 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
3. PRICE AND PAYMENT
4.1 The price of the products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the system.
4.2 Prices for our products may change from time to time, but changes will not affect any order you have already placed.
4. DELIVERY
5.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your products.
5.2 Delivery of an order shall be completed when we deliver the products to the address you gave us, or you collect such products from us.
5.3 If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice.
5.4 Occasionally, part of an order may be out of stock or backordered. If this is the case, we will notify you of the delay and provide an estimated delivery date.
4.5 You can only pay for products using a debit card or credit card or other payment methods specified on our website. We will charge your debit card or credit card or other payment methods at the time you place your order.
5. RETURNS AND REFUNDS
6.1 As our products are customized according to your specifications, they cannot be returned or refunded unless they are faulty or not as described.
6.2 If you receive a faulty product or a product that is not as described, please contact us at MerchandAise AG within 14 days of receipt. We will arrange for the product to be returned and inspected. If the product is confirmed to be faulty or not as described, we will offer you a replacement or a full refund including any delivery charges.
6.3 Returned products must be in the same condition in which you received them and must be sent to the address indicated by our customer service team.
5.4 Occasionally, part of an order may be out of stock or backordered. If this is the case, we will notify you of the delay and provide an estimated delivery date.
6. WARRANTY AND LIABILITY
7.1 We warrant that on delivery and for a period of 12 months from the date of delivery, the products shall be free from material defects. However, this warranty does not apply to any defect in the products arising from:
- (a) fair wear and tear;
- (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
7. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control.
8.2 An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
- (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- (c) if you fail to operate or use the products in accordance with the user instructions; or
- (d) any alteration or repair by you or by a third party who is not one of our authorized repairers.
7.2 To the maximum extent permitted by applicable law, MerchandAise AG is not responsible for any indirect, incidental, or consequential damages arising from the use of any product purchased from us.
8. GOVERNING LAW AND JURISDICTION
9.1 These terms are governed by Swiss law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by Swiss law.
9.2 You and we both agree that the courts of Zurich, Switzerland will have exclusive jurisdiction.
9. MISCELLANEOUS
10.1 We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these terms.
10.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
10. MISCELLANEOUS
10.1 We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these terms.
10.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
10.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 If we do not insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations.